Newspaper Page Text
t£nnstitutianaliot& JUjralilit.
JAMES GARDNER, JR., >
and J Editors.
JAMES M. SMYTHE, )
[communicated.]
Me Sir*. Editors:— The following decision of
Judge Starnes, was delivered, during the past
winter, upon a question of much importance to
our community; and, as frequent applications
have been made at the office for information as
to its contents, I have deemed it expedient to
hand it to you for publication.
Yours, A. H. McLaws,
Clerk Sujierior Court Richmond County.
Transmission of Divided Bank Notes by Mail.
Augustus W. Blount i j N EQUITY.
Tlul lfcW Bank. \ Richmond Superior Court.
The issues for trial in this case have been, by
consent, and by special order to that effect, en
tered at the January Term, 1851, of said Court,
submitted to this Court for decree, upon bill, an
swer, and exhibits, and the facts as agreed upon
by counsel.
I shall not consume time by a detail of the
allegations of this bill, and the statements of the
answer, as they are few and simple, and are oth
erwise made familiar to those who are interest
ed in this decision ; but I will proceed at once
to a consideration of the issues presented.
The jurisdiction of this Court, as a Court ol
Equity, has not been disputed by the pleadings,
and. i presume, there has been no serious inten
tion to moot this jioint, though it was inciden
tally alluded to in the argument.
The complainant comes into this Court seek
inga discovery from defendant, asking to be al
lowed to tender a bond of indemnity to defend
ant, and lor such a judgment from the Court, as
will authorize such indemnity, and adjust protec
tion to the parties. These features of relief, it is
the peculiar province of a Court of Equity to al
ford.
Let us ascertain, whether or not, the complain
ant presents such a case as thus entitles him to
relief.
At the commencement, I premise, that a party
who has had the written or printed evidence of
his claim destroyed, or lost, may still recover,
upon due proof of its having existed, of its tenor
and effect, anil of its destruction, or loss; Unless,
indeed, as a lost paper, it was negociablc. No
principle is better settled than this.
.It is true, then, as a general rule , that a parly
complainant, who has had in his possession cer
tain bills or notes of a defendant, for a valuable
consideration, and has been so unfortunate as to
have said bills destroyed, if negociable—or lost,
if not negociable, may, upon such proof as above
stated, recover the amount of said notes. We
will then inquire—lst. Did the complainant in
this case have such notes in bona fide possession,
fora valuable consideration, at the time alleged ‘
This is admitteil, in effect, by the answer;
that is to say: that he did so have |x>ssession of
such notes by his agent.
2dly. Were said notes destroyed, if negociable;
or lost, being not negociable ?
Os course the notes have not been either de
stroyed or lost wholly; but it appears that the
right hand halves thereof have been lost or sto
len from the mail.
(,>ne set of the hall es beii)ir thus lost to the own
feet evidence of a contract, have been lost to him ;
because the charter of the Bank requires that
both the President and Cashier shall sign the
bills or promises to pay of the Bank, and if one
of these signatures lie removed, it is not an en
tire and perfect promise to pay by the Bank ;
ami also because, by its terms, or rather its want
of definite terms, one half of a note is no promise
to pay.
The notes thus lost, ar the evidence of con
tract, were negociable before being severed; do
either or bolh seta of halves continue to be nego
ciable ?
I think it is sutlicient answer to this question
to say, that these halves, thus separated, are not
the perfect evidence of a contract, and therefore
not negociable. A negociable instrument must
not only be one which will pass by endorsement
or by delivery, but it must also be the evidence
of a contract.
But let us see what light is thrown upon this
subject by adjudicated cases.
One case only, it seems, can be found, in which
the question just put is answered in the aliirma
tive. That is the case of Mayor et al. vs. John
son fc Eaton, :i Camp. 3-1, in which the Court
non-suits an action brought upon one half of a
bank bill, on the ground, that the other half
might get into the possession of a bona fide hold
er for value, and suit could then be as well main
tained on it as on the half, the subject of suit.
This hasty nisi-prius decision of Lord Ellen
borough has been overruled, and the question
answered negatively by numerous decisions of
eminent Judges in the United States, and, as 1
think, upon just and proper grounds.
Thus Mr. Justise Marcy says, in the case of
Hinsdale vs the Bank of Orange, 6 Wend. 380,
that the proposition, that such half note was not
negociable, was as clear to his mind as that “ a
part is not equal to a whole;” also, that “ when
a bill ceases to exist as a whole, it ceases to have
those properties which belong to it as an entire
ty. one of which is uegociability.”
To the same effect Judge Peters speaks, when
lie says, in the case of the Bank of the United
States vs. Sill, 5 Conn. R. 112, ‘‘ a part of a bill
is not negociable, and the holder cannot recover
upon it. without proveing a title to all the parts.’'
The opinion of the Court, in the case of Pat
ton vs. the State Bank, 2 Xott and McC. 169, is
also, in substance, to this effect.
Courts, also, in considering this point, have
gone upon the ground, that this severance of a
bank note restrains its negociability, because,
though the person receiving it, took it in the due
course of trade, and for a valuable consideration;
still receiving but one half, he would take it
“ with notice, that the right to the money might
be in the possessor of the other half, and would
consequently be bound by every defence which
might be made against the finder or robber.”
Bullett vs. the Bank of Pennsylvania, 2 W. C.
C. R. 178; Martin vs. the Bank of the United
States, 4 Wash. C. C. R. 253 ; Patton vs. the I
State Bank, 2N. & McC. 469,5 Conn. R. Jl2. i
All of this reasoning is cogent to my mind, (
and comes to the same thing, viz: that a half t
bill, thus severed, is not negociable, because it is c
pot the perfect evidence of a contract. t
We have thus answered the second question J
submitted, correctly I think; that is to say, that
these notes are lost to complainant, as the per
fect evidence of contract; and that neither sets
of halves are negociable.
Now, we have recognized the right of com- j
plainant, vjem general principles, to recover his
r claim, if he can prove that, by his agent, he was
■ once in the bona fide possession of these notes en
, tire, and that not being negociable, they have
been lost to him, as the evidence of his claim.
The answer, which furnishes the proof of the
bona fide possession of complainant of such notes,
takes issue as to the character of the loss, so far
as to insist that this is not to be regarded in the
light of a casual loss, but as one caused by the
voluntary and illegal mutilation of the bills.
The question thus arises—does this voluntary
severance of the bills by complainant’s agent
change the character of the transaction ? Does
it make that which is shown to be a loss, in point
of fact, no loss, lor which the defendant can in
equity and justice be held accountable ?
If this severance of the bills had been effected
with any intention of injuring or defrauding de
fendant, the ready answer would be—the com
plainant cannot be allowed to take advantage of
his own wrong. But if no wrong or injury was de
signed by the act, and it was done for the pur
pose solely of decreasing the risks of transmission
by mail, there seems to be no reason why this
complainant should lose the benefit of the rule of
law which we have recognized ; unless, indeed,
injury has resulted, or will result to defendant by
the payment of the halves, the subject of this
suit.
Such injury cannot result in this case, if, as I
am satisfied is true, the lost right hand halves
are not negociable; unless it be from fraud or
perjury. If they are not negociable, and pay
| ment of them is ever demanded, as they do not
constitute complete evidence of a contract, of
( course, the Bank will require other proof of the
claim ; that is, that the whole notes, of which
they are part, were in the possession of the claim
ant at the time they were divided.
t In this case, it is evident, such proof cannot be
made, unless resort be had to fraud or perjury.
The aigument i f defendant here is, that tak
j. ing this as true, still injury has been thereby
done to defendant, because complainant has, by
his voluntary act, subjected the defendant to risks
from fraud ami penury, which would not other
wise have been incurred —risks growing out of
the facility which this division and transmission
of the notes afford to fraudulent practice, because
J *
of the difficulties of identification.
I have lelt the full force of this reasoning, I
' believe, and though other Judges, in similar
cases, seem to have treated it lightly, I confess
| that it has caused me to proceed cautiously here
in tunning my opinion.
Mr. Justice Washington disposes of this point,
in a similar case, which has been read in this ar
gument, from 4 Wash. C. C. R. 172, by saying,
that ’‘the law cannot adapt its provisions to every
I possible case that may occur, and it therefore
proceeds, from necessity, upon general princi-
I pies, applicable to all cases.’’ It cannot, there
fore, undertake to guard against fraud and perju
ry in every case.
This suggestion is not without reason; but
the following consideration has influenced my
mind in arriving at a conclusion upon this point.
Admitting the fact, that this mutilation of the
risks from fraud and perjury, ought rtet tTIJWIWIf
f oftliis upon the rights of complainant to depend
, upon the facts, whether or not, Ist, it was de
, signed to produce such results; and, 2dly, if not
. designed, whether or not, the act was illegal, as
alleged by complainant.
The proois settle this question as to design.
But the answer insists that the act was illegal,
whether designed or not to expose defendant to
risks.
Ido not look u;xin it as such. It is not for
hidden by any positive law.
It is insisted, that it was not contemplated by
the Legislature, when granting the charter, nor
by the Bank, when issuing the bills. This may
be true, but it will not be denied, that it has
been for ages, both in England and in this coun
try, an established custom. A custom “vo inve
terate,’’ in the language of Mr. Sargeant when he
was occupying a position similar to that of defen
dant's counsel in a similar case, “as not to be
condemned.”
Courts in the United States have decided, that
it was not illegal. On this subject, Judge Gaston
says in the case of Allen & Wykoff vs. the State
Bank, 1. Dev. 1. “in England, and in the States
of this Union,the propriety of this course of remit
tance has been again and again recognized, and
we cannot therefore admit, that the plaintiffs
have lost the notes through their fault.”
If the act of severing these bills then was not
designed to do an injury to defendant,and was not
illegal, the complainant in my opinion should not
suffer loss therefrom, though it was not the most
prudent course, and may increase the risks to
defendant.
The truth is, l thick, in this point of view,
that the arguments of defendant’s counsel, and
the position taken by defendant in the au
swer on this head, go rather to show the impo
licy, and inexpediency of allowing this method
of transmitting notes by mail, than its illegality.
This is matter rather for the consideration of
the legislator, than the Judge.
But upon the question of the policy, or ex
pediency ol this practice, something may be
said, it occurs to me, on either side.
The counsel for defendant has certainly very
forcibly shown that some additional risk is
thrown upon the Bank, though the missing
halves be not negociable, by reason that addi
tional facilities are afforded to fraud.
Though these depend upon contingencies
which may not very probably happen, still the
possibility of their occurrence devolves addition
al risk upon Banks, whose bills are thus divided
and transmitted, for the sole convenience of the
person owing them.
On the other hand, to take away this privi
ledge as a substitute for exchange, would devolve
increased risk on persons generally, having funds
to transmit; lor in many places, and on many ,
places, exchange cannot be procured. To abo
lish the practice would therefore work great pub- :
lie inconvenience. Hence that distinguished per- ,
son, and jurist, Judge Gaston in the case above i i
cited from Dev. and Bat. R., says, that this me- ! i
thod of transmitting notes “is for the benefit of j <
commerce, affords additional security against! -
dishonesty, by lessening the inducement to com- j j
mit it, and ought in no manner to affect the 1
rights of the lawful owners of the notes.”
My own observation, as well as the result of
inquiries which I have made, for my informa
tion, while this case has been under considera
tion, serve to convince me, that the adoption by
the Banks of a well regulated system of number
ing. lettering and registering, and other such
| means would, to a considerable extent, obviate !
' their liability to these frauds, arising from this
; mode of transmitting their issues by mail, and
| at a less cost of convenience and money, than
would the prohibition of the practice. It would
cost something more to the Banks, to be sure, to :
carry it into effect, but not much, as compared
with the other inconveniences to the public.
And the public benefit is not to be overlook- '
ed in this investigation. It must not be forgot-,
ten, that this is the end and purpose of the crea
tion of all corporations. The application of this
rule, therefore, in such a matter, cannot work
very great hardship.
These several reasons bring me to the con
clusion, that the complainant is entitled to re
cover the amount of these notes, especially as
he has offered to indemnify the defendant against
all loss by future payment of the missing halves.
I will not pause here to consider whether or
not, the execution of such bond of indemnity in
favor of defendant would be necessary to the
complainant’s right t» recover, inasmuch as he
has voluntarily tendered the bond. The Court
will therefore decree it:
It is true, that the defendant’s counsel insist
that the bond of indemnity can be no protection
to defendant, should the missing halves be pre
sented, and paid, in the event ot certain fradulent
practices; because of the difficulties of identifica
tion. Any frau 1 practiced by this complainant
is put out of the question by the answer.
As to the frauds of others, the same reasoning
applies as has been already used in the considera
tion of the main case.
Another question has been made for my con
sideration in this case. It is the liability of the
defendant for interest and costs, and with it, I
have had more difficulty.
Interest was due upon these Bank notes only
on and after demand. A demand was made by
the complainant at the time alleged, and after
wards by his solicitors. But the demand was
not made upon the entire notes, nor upon that,
which the law’ allows to take their place in the
event of their destruction, viz : other evidence of
the contract; of which they had been, but were
no longer the evidence. That is to say, the de
mand was not accompanied by proof, nor the
offer to produce such proof, that the complain
ant had had these notes entire in his possession,
and had lost them in the way described. This
was necessary in order make the Bank liable for
interest.
Such is the view taken by the Court of Ap
peals, of Virgiria. Farmers Bank of Virginia
vs. Reynolds. 4 Rand. 186.
The complainant's counsel insists in answer to
this position, that this proof was not called for
by the defendant; that the Bank did not put its
refusal to pay upon this tooting, or the evidence
might have beer, furnished.
I think this reply is not satisfactory, because
it wss not the duty of the Bank to aid the com
plainant in making out a case which might
charge it with interest. It was the privilege
of the complainant to go prepared with the evi
irfaruf, asTlut was what was to carry interest
on demand.
Let us vary the case a little, by supposing a
demand made on an entire note.
A. has held the note of B, payable on demand
to C, or bearer, and which has been assigned, to
A. The note has been .destroyed while in the
possession of A. Calling on B afterwards, he
states his loss, and demands payment, but otters
no proof of his possession, or the destruction of
the paper, though he offers to indemnify B against
future payment of it. B declines to comply
with his request; but adds not a word mere.
Will it be contended, that after such a demand
unaccompanied by the evidence of the contract,
or that A had ever owned or lost it, B is charga
ble with interest, because he did not call for
this proof? I think not.
The case is precisely similar in principle, tt>
the one before us.
Up to this point, I see my way very clearly.
I believe. But, I find from the answer, that
there was evidence, of the ownership of these
notes entire by the complainant, (at the time al
ledged in the bill,) before the Bank, on the 11th
day of January, 1831 ; for the answer, which is
of that date, admits the fact. Just here, I have
found my greatest difficulty. I have tried to
solve it thus:
From the time just specified, the first period, at
which I find from the proofs, that this evidence
of possession and loss by the complainant was
before the Bauk, interest must be held to be j
chargable.
It is true, that I have no evidence before me |
of any formal demand having been made at the j
Bank since this date; and the Court in the case j
of the Farmers Bank vs. Reynolds, above cited, i
held that though the evidence of such possession
and loss was make belore the Court, yet that no j
demand had been made on the Bank after such
proof, and therefore interest should not be !
chargeable.
I incline to regard this reasoning as rather
more technical, than equitable. I think, that the
Court might well, consistently with the princi- i
pies laid down, equitably, have held the Bank
liable ; with interest from the time such prooi
was brought home to the Bank, if it had thereaf
ter the opportunity of paying.
What is contemplated by the demand Why,
that payment is requested upon the evidence of a
contract, and the opportunity of such payment
afforded.
The suit, in the case referred to, was instituted
at the place of defendant's residence, was th re
pending, and the defendant had abundant oppor
tunity, I presume, to pay the complainant, or his
solicitors, after such proof was made.
So in this case—though it be admitted, that 11
when such bills are made payable, generally “on !
demand," the proper construction is that the de- |
marid must be made at the banking-house—as i
the demand has been made, and is now being
made by the cause pending, at the place of de- 1
'endant’s residence, and as the defendant is now . 1
n Court, and before the Chancellor by its soli- !
:itors, where the demand is thus made, and now, *
ind since the 11th day of January last, upon the *
rroper evidence of contract, has had the oppor- t
tunity of paying this claim, I think it woald be I
taking a technical, and unsubstantial distinction,
(one which should not be countenanced in a
Court of Equity,) to say, “ this demand has not
been made at the banking-house of defendant
since the 11th day of January last, and there
fore defendant should not be charged with inter
est from that time.”
The question of costs is at all times in the dis
cretion of a Court of Chancery. But what I .
have said in relation to interest should apply to j
the costs.
I think, however, even if I ’had refused to al
i low interest to the complainant, that I would
have decreed the costs for him. If I had refused
interest, it would have been for the technical
' reason referred to; but costs being in my discre-
I tion, I should have felt, that in equity, they
' should have been paid by the defendant, taking
the view which I do of the main features of the
'
case.
I will therefore decree that the complainant
| do recover of the defendant, the sum of two hun-
I dred and twenty-five dollars, the amount of said
| notes, upon the execution and delivery to the
' defendant of a bond with a sufficient security,
| (to be judged of by this Court,) to indemnify
the defendant against any future payment of the
■ missing halves of said bills; together with inter
est on said sum, from the 11th day of January.
1851, and cost of suit.
EBEX'R. STARNES,
Judge Superior Court, Mid. JDist Georgia.
AII(aSTA7GA ~
FRIDAY MORNING, OCTOBER 31.
THE LARGEST CIRCULATION IN THE'STATE.
07-SEE FIRST PAGE OF DAILY.
Transmission of Divided Bank Notes by Mail.
We would call the attention of the reader to
an important decision, made by Judge Starnes,
and published in our columns this morning. It
is on a subject in which our merchants and bank
ing institutions have a deep interest, and is
worthy of an attentive perusal.
Editorial Change.
Thos. H. Harden has retired from the edito
rial chair of the Savannah Republican, and P. W.
Alexander, has resumed the duties of associate
editor of that paper.
Harpers New Monthly Magazine.
We have received from Messrs. T. Richards &
Son, the November No. of this interesting month
ly. It is one of the best monthlies of the day, and
notwithstanding it has not yet reached its second
year, its circulation, we understand, reaches fifty
five thousand copies.
Panorama of Oaliiornia.
This will be the last night but one that this
fine Panoramm*will be on exhibition in this city,
and we would advise all who have not visited
Masonic Hall to do so, for the painting is worth
seeing, and some views beautiful, particularly
that of Sacramento City. To-morrow after
noon, an exhibition will be given for the accom
modation of families and [schools, commencing
at 3 o'clock. There was a good, attendance
last evening.
The City of Charleston.
We have just returned from a short visit to the
city of Charleston, and must say we were much
pleased with the improvements made, and ma
-1 *■•••«, --- , -- • •
Many vacant lots which were then “visible to
the naked eye,” have disappeared, and in their
stead, fine ranges of brick stores meet the vision.
I’his improvement is not confined to one particu
lar portion of the city, but is discernable from
South Bay' to Boundary street. Bay street is
much improved, and so are Hayne, Meeting and
King streets. The stores on Hayne and Meeting
streets, where the principal wholesale Dry Goods,
Hardware, Drug and Crockey business is done,
present not only a fine, but an enticing appear
ance—they are well filled with goods and beau
tifully arranged. Bay street is a busy thorough
fare, and the constant rattling of drays, omini
buses, carriages, &c. is almost deafening to one
accustomed to our smooth and noiseless unpaved
streets.
Among the recent improvements, which we
not only noticed but took advantage of, was a
new line of accommodation omnibuses, which
run every halt hour from the Exchange to Line
street, at the low fare of 6J cents each way. This
line was just started w hen we arrived there, and
we were pleased to see it so well encouraged.
The proprietors of this line have started on a
principle which is worthy of being followed—
customers, cash and low juices.
Our business led us principally among those
merchants whose cards will be found in our
columns. We found them obliging and atten
tive, and so will such of our readers as may chance
to visit our sister city. They all keep on hand
good stocks of goods, and although similar descrip
tions may be found at other stores in that city,
we would advise all to give them a look before
purchasing elsew here, for at this day it is gener
ally conceded, that merchants who seek to make
their business known, through that great leaver,
the press, are anxious to make new acquaintan
ces and extend their sales; and the more they can
sell the cheaper they can afford to sell at. By
encouraging them the purchaser benefits himself.
Charleston at present has an advantage over
her Southern sisters in steam communication.
The Marion and Southerner, in the New Y'ork
trade, (although inferior in dimensions and speed
to the Flori da and Alabama, in the Savannah
trade) are fine vessels, and meet with good en
couragement. The Albatros and Osprey, in
the Philadelphia Line, are comparatively small
steamers, but sufficiently large for the infant trade
between the two cities, to accommodate travel
and commence. In a few years large steamers
will be required. They are both, however, fine
sea boats. The Isabel, which runs between
Charleston and Havana, what shall we say of
her ? Why that she is a model boat, and sits on
the water like a duck. Although of 1200 tons
burthen, to look at her, give a good land foot
hold, and you would imagine you could push her
along at the rate of about five knots an hour.
Her commander, Capt. Rollins, and her agent M. 1
C. Mordecai, Esq., are both gentlemen. Then
there is the Calhoun and Gordon, steamers run- '
ning between Charleston and Savannah, com- ,
nanded by Capts. Brooks and Barden, which are r
mug, safe and comfortable boats, and will be f
iound a great convenience to our merchants when j
he Savannah river is low, as it is at the present j
ime, in getting their goods round. ji
’ But the greatest improvement we have to no- j
j tice, is the Charleston Hotel, under the proprie- j
torship of our old friend and fellow citizen Mix- !
er. When we last visited that city, it was during
the Yellow Fever ssason, shortly after he had !
taken hold. We scarcely knew the man. He i
was doing a losing business in consequence of j
: the fever, and his face was apparently as long as
our arm. The Hotel had acquired a good name,
j under his short management, and we thought
i was one of the best in the Southern country. On
; our recent visit, there was a great change in the
I Governor. His face presented the appearance of
that of''Mine Hott"— cheerful, pleasing, but still a
little perplexed with cares.—And we do not won- i
der at it—for when he had taken us over his j
large establishment and shewn us the different j
and various costly improvements he has made |
within the past six months —the numerous and
'■ diversified departments under his supervision
i during the twenty-four hours of each day—the
1 clock-like precision with which each was con
i ducted —the cleanliness w ith which the house and
! rooms were kept—all under his immediate super
j vision, we thought to ourselves, well Governor
you have your hands full. His gentlemen's par
lor is neatly, and comfortably furnished—his la
dies parlor, will bear a comparison with any pri
' vate parlor in the city, which is saying much
1 when we speak of a city like Charleston. He
i has added to the maiu building on Meeting street,
a four story building fronting on Pinckney street,
sixty-five feet, which runs at right angles about
1 seventy five feet towards Hayne street. On the
first door of the Pinckney street building is his
kitchen, which is kept in beautiful condition,
and can conveniently do the cooking for all his
house will contain, and some hundreds more.
The kitchen leads to the gentlemen's dining
room : above, the kitchen is the Ladies Ordinary
sixty feet long—the two upper stories are in
, tended for sleeping rooms. In the angle towards
Hanye street, he has his washing and Laundress
rooms, which occupy the first and second floors.
. The two stories above are intended for servants,
j He has an engine in the cellar in the rear of the
main building, which by the means of pipes, and
cisterns and wells in the yard, supply the main
building with water, which is conveyed to the
roof and deposited in tanks. Steam is also used
in the washing,drying and mangling departments.
Take the Charleston Hotel in the whole, it will
bear a comparison with any in the country, and
its landlord is hard to beat in attention, courtesy
E and the recollection of old friends. His tables
' are furnished with the best the Charleston mar
-1 ket (which is a good one) affords, his waiters
I attentive, and the gentlemen connected with
him in its management courteous, attentive and
obliging.
The South Carolina Railroad we found in ex
-3 cellent condition, with great improvement in its
. management. Under its President, H. W. Con
| ner, F.sq., and the siqiervision ot J. D. Petsch,
! Superintendant of Transportation, there is a
f marked improvement in the reception of the
. mails and goods at this end of the line. Three
. regular trains (two passenger and one express
, goods.) now leave that city daily, besides the
, regular freight trains. The same number leave
this end of the road daily for Charleston. Un
der the present arrangements of the Road, we
e think our Merchants can depend on receiving
their goods in due time by this route. There is
one thing, however, to which we would call the
attention of the President of this road. The up
r reign is are unilorm uunng >he year, uui me
rates for down freights are frequently changed.
We would make a suggestion, and that is that a
calculation tie made at what rate the company
can carry cotton throughout the year from
1 Hamburg, and that they take the lowest figure,
I says 30 cents per bale. They may lower this
ra!eif they chose when our river is up, if they
find it to their interest to enter into competition
with the river, but 50 cents per bale is what our
merchants are willing to pay the year round by
both river and Rail Road, and any rise on this
price, when we have a low river, looks to them
like extortion, and only creates ill, when good
, feelings should exist. T.
[ A Good Definition. —Mr. Bocock, in his let
ter accepting the democratic nomination for At
torney General in Virginia, defines the Union
cry set up by the Whigs to mean, a “Union of
the Whigs with enough of the Democrats to car
ry the elections in favor of the Whigs.”
The weather in Georgetown. until|the morn- '
ing ot the 23d inst., was, with a single exception,
unseasonably warm for October. On the 23d.
however, it suddenly changed cool, and since
Monday morning last, frost and even ice had
been seen in the town. The True Republican
of jyesterday, states that the out-door appearance
indicates a continuation of cool weather.
Memphis and her Rail Road.—The New j
Orleans Bulletin says: “The cars for the Mem- i
phis and Charleston Rail Road will be built at j
Memphis. This is a commendable encourage- j
ment to home manufactures, and creditable to
our sister city. Forty cars have already been j
contracted for.
“The road to La Grange, a distance of between •
forty and fifty miles, it is believed, will be com- j
pleted by the Ist of August next if none of the
contractors fail. The iron for this. T rail, 60 lbs.
to the yard, will be received it is thought, by the
middle of next month.”
Judge Nelson’s Opinion . —Judge Nelson, of
the U. S. Supreme Court, in his late charge to
the Grand Jury at Albany, N. \\ says, the North
cannot violate the Fugitive Slave part of the
Federal compact, and then expect fifteen Slave
holding States to live under a Government where
sixteen States violate that part of the compact j
most essential to them. To violate one part of
the compact, therefore, he infers, is to break the ;
whole, to dissolve the Government, to break up , :
the Union; and thus the crime becomes one of j
the very gravest character against the people of |
the U. States, and the institutions they have es- I
tablished. It is much to be regretted that Judge
Nelson's opinions are not more generally enter- j
taiued at the North.
White Man vs. Black Man.—A despatch da- ,
ted Rochester, N. Y., Oct. 25, says:—
“Great excitement was produced here, to-day, i
in consequence of a new but very dark feature in i
the political arena. The Whig District Conven- ■
tion met, this afternoon for the purpose of nomi
nating a candidate for the Assembly; and on the
first ballot it was ascertained that J. P. Milliner
white man, had forty-four votes: Fred. Douglass’, -i
black man, twenty-onejscattering, thirty-four.— j J
Mr. Milliner was finally nominated, by one ma- p
jority.”
jjsi] Magnetic Crlrgrapjt.
Reported lor the £on>titutio»ali»t ic Republic.
New-Yom, Oct. 30.
KCottos. —The market is drooping. Sales
1200 bales. Flour has declined six cents. SCO
barrels of Spirits Turpentine have been sold at
37 cents per gallon.
At Baltimore, Flour has declined 12 cents
The sales of the week of Rio Coffee amount to
10,000 bags, at bto Oi cents, average 81. Stock
20,000 bags.
The Agricultural Fair at Harrisburg is largely
! attended.
________________^
(■commercial.
Augusta Market, Oct. 30—P. M.
I COTTON—The sales to day reach about 300 bales at
a decline of about one quarter of a cent from Wednes
day morning's quotations. We quote fair 71. and fully
fair 7] cents.
NEW ORLEANS. Oct. 25.— Cotton. —Arrived since the
21st instant, 17.278 bales. Total receipts of the week
35.484 bales. Cleared since the 21>t instant. 11.119 bale-
Total exports of the w eek 26.111 bales. Stock in presse>.
and on shipboard not cleared on the 24th instant, 104.1j7
bales.
Our last semi-weekly report closed upon an active
- Cotton market, a slight decline in freights, and a rather
market for the disposal of Exchange, having in
duced buyers to operate more freely. On Wednesday
there rather less activity, but business to a fair ex
tent was trffo the salt's reaching st*oo Gal«r*. o u
Thursday thcrTTvNM an improved enquiry, and about
6000 bales were Yesterday- foreign accounts,
three days later, were P uM , ,c - **!?•%£s t l h “
Liverpool Cotton market tirithsL i: j^ !>alc T ol Y boo hales
after the departure of the Aim . t
there was a lair enquiry, but the recent not 6.*.
ing generally sampled there was but a moderate supply
immediately on sale, and the transactions therefore
were confined to about 4uuo bales; making a total for
the past three days of 15,»HX> bales, and for the week of
33.1U0 bales, taken for Great lirit&iu, France, the Conti
nent, Mexico, and our Northern ports. In prices we
have no marked change to notice, and we continue for
mer quotations, at which the market was firm yester
day. It is still tl»e general remark that the proportion
of Cottons classing Fair and upward is unusually small
this season, the great bulk of the receipts being more
or less leafy.
The receipts at this port since Ist September (exclu
si\e of the arrivals from Mobile. Florida and Texas) ar**i
176.621 bales, again-1 102.574 bales to same date lastl
year.
Nkw Orleans Cl a sification. (assimilating to that\
of Liverpool.)—Louisiana and Mississippi. Inferior. ,tA
—; Ordinary to Good Ordinary. 6a6} ; Low Middling
to Midtiling. 0$ a7 ; Good Middling. 7J a 7j| ; Middling
Fair 7$ a7] ; Fair. 8j aB3 ; Good Fair, nominal; Good
and Fine, nominal.
Sugar, Louisiana.—The receipts of new crop, since
our last report, amount to 50 hlids., and we are advi-ed
of the following sales—l7 hhds. good Common at 4f. 16
do Inferior at 3, and 15 do. good Common, of which 12
at and three at cents J.> lb- Also 5 hlids. made by
vacunni jnoces*. at Oj cents [> It, Iu old nop there ar#
no transactions worthy of note, and quotations are
nominal.
Molasses. —The last sales of new crop—of which we
are advised—were 22 bbls at 26. and yesterday 40 barrels
superior at cents j> gallon, the few arrivals
of new some parcels of reboiled oi l crop have been -old
as low as 15 cents |> gallon.
Huron. —We have still to notice but a limited retail
business doing in this article, and the ruling rates con
tiiiue to be about t lie same before quoted, lie. for prime
ribbed sides, and
iu fair request at about 9 a lo]<* fur plain and bagged,
and 11 a 12]<\ \> H> for good to choice sugar cured.
Whisky. —The receipts have bueu quite light, but the
demand is also extremely limited and we have heard ot
only a few hundred bbls Rectified f-old at I'.'* a 20c l>
gallon. For round parcels, however, even the lowest
rate could not be obtained. W * hear of nothing doing
in Common.
MONTGOMERY. Oct. 27.— Cotton. —The receipts are
large, most of the Cotton being stored on Planters* ac
count. Our Warehouses are filling up very rapidly, in
consequence of the unprecedented low stage of the riv
er. We quote Good Middlings 6] to 6j: Middlings 6 to
6j The grades below Middling or above Good Middling
are scarce, and not yet quotable in the market.
ATLANTA, Oct. 20.—Cotton has been dull since our
last issue—Sales light. We are able to quote extremes
[ at from 6 to 7|.
I Someslight changes in other articles, which appears
in the prices current.
MACON, Oct. 28.— Co'ton. —Since our last, the market
has been steady with a good demand. The few lots of
fered have found purchu.-ers readily at our quotations
1 We quote to-day t ; 4 a7]
„ . COLCMBI S.Ga. Oct 2?, 1851
Stock on hand. Oct 1 800
Received this week 810
Received previously 1744
~ 8214
Shipped this week 20
Shipped previously
S 3
j Stock on hand
! , Wo ****** *«» report light receipts, all offered ta
ken at 6 a 6} cents.
>A4 AN NAIL Oct 30.— Cottcn —The market was quiet
, yesterday, under the advices brought by the Europa
The sales wore limited to 352 hale*; at former price-
The following are the particulars : S at 73 ; 49 at
at 7 9-16; 47 at 7 13-16. 61 at 7|; 147 at 8; and 20 bales
atßj cents.
SAVANNAH EXPORTS, OCT. 29.
Per sohr. Virginia, for New York—322 bales Cotton.
7 casks Rice, and 5 pkgs. Mdze.
Shipping iiitclligcnfc.
ARRIVALS from CHARLESTON,
llrig Palo Alto. Wood. New Orleans.
| Schr. Elizabeth. Trout, Wilmington.
CLEARED FOR CHARLESTON,
j £hh> E. Bulkier. Brown, at New Y’ork.
Ship Fairfield. Loveland, at New York.
I r,kllf? l ?? T n X | ? ct ' ®r Ar r lir - ship Mii-mac. AuM.
Glasgow via llaUa\: l»ng dull,a:-. Phillips. Havana;
Point r rt ls ‘ Xew V°rk; GasSunas, Mill
j Mone Point, Conn.
1 V CM. ship Columbia, Orumlav. New York; barque Isa
bela. Humphrey. Boston; ketch Brothers Lovell. New
I Orleans: schr. L. Waterbary, Crammer. Alexandria, Va.
I ent to sea, steamship Albatros, Dixon. Philadelphia:
! ship Amelia. Agry. Liverpool.
; .. f AXXAIT. Oct. .70.—Arr. barque Scotland. I’ercv,
| Aewlork; brig Mazatlan,Rose.Thomaston. (Me.:) brig
'?e*ie. Belfast. (Me.:) brig May y.ieen. Lodge,
Philadelphia.
Old. schr. Virginia. Hobart. X. w York.
Went to sen. brig Francis Lord, Gladding. Boston,
schr. Yi oodbndge. Bradford. Baltimore.
THE PECTORAL ELIXIR,
PREPARED BY WM. 11. TP IT. M. I).
THIS REMEDY is warranted to cure Coughs,
Asthma, Bronchitis, Croup, Pleurisy. Pneu
monia, Liver Complaint and Consumption in its in- I
cipient stages. Those who want evidence of the /
merit of this medicine, oan he satisfied by calling on Z
the subscriber, who will show them several hun- ,jT
dred certificates from all parts of the State. It is
prepared entirely of vegetable substances, at WM.
11. XL TTS Drug Warehouse, where it may be had.
wholesale or retail, or of
oct 29 d6ie2 W. H. A J. TCRPIX.
Tl> HIRE, a GIRL, about 12 or 15 years old
Apply at this office. ts oct 28
EXECUTORS’ SALE.
We will sell, on the first Tuesday in NOVEMBER,
at the Market House in Augusta, the following
property, belonging to the Estate of Charles Cum
ningbam, deceased;
Robert, a first rate Coachman. House Servant
and Barber.
One fine Riding Pony.
2 Horses,
3 Mules,
3 Cows,
1 Carryall and Harness,
3 Two-horse Wagons,
1 splendid new Road Wagon, never used.
} do. do. partly used.
1 Taplcy's Horse Power, never used
12 large Double Plows.
20 Single do.
Lot of Subsoil do.
Lot Harrows, Hoes, Axes, Gear, Ac., Ac.
Terms cash.
JOHN BONES, )
MM. J. EVE, >Executors.
OWEN P. FITZSIMONS, )
oct 29 dtd
DRESS PATENT SHANK BOOTS.
rI'ST received at our New Iron Front Store, op
posite the Masonic Hall, a beautiful lot of those
LATENT SHANK BOOTS,
oct 26 ALDRICH A ROYAL.